Friends, Please email & fax Mr Sandy Hollway Chief Executive of SOCOG emailto:[log in to unmask] . The telephone number is 61-2-9297-2000, Fax: 61-2-9297-2020. to support Bruce's concern and ensure an accessible Olympics. Frank Hall-Bentick President Disability Australia ------------------------------------------------------------------- Bruce Maguire wrote: emailto:[log in to unmask]> > August 3, 1999 > > Greetings Everyone > > This message is being posted to a number of electronic discussion > lists in an effort to reach as many people as possible. Please > feel free to forward it to whomever else you think might be > interested. > > I have divided this fairly long message into three parts: > firstly, a summary of the main points; secondly, a detailed > account of the events surrounding my complaint against SOCOG > alleging discrimination on the grounds of disability; and, > thirdly, a discussion of what seem to me to be the broader social > and political issues arising from the complaint. > > A. Summary > > I continue to be amazed and very encouraged at how many people > have become aware of my ongoing campaign to obtain information > about the 2000 Olympic Games in braille. For those who are not > familiar with the background, a brief summary follows: > 1) On June 7, I lodged a complaint under the Australian > Commonwealth Disability Discrimination Act (DDA) against the > Sydney Organising Committee for the Olympic Games (SOCOG). The > complaint alleges that SOCOG have discriminated against me on the > grounds of my disability by failing to provide me with the > Olympics Ticket Book in braille. > > 2) Two days later on June 9, we lodged an application with the > Human Rights and Equal Opportunity Commission (HREOC) for an > Interim Determination pending the final resolution of the > complaint. > > 3) On June 24, the Commission granted the application, ruling > that SOCOG were to preserve my right to purchase tickets for the > Olympic Games after the deadline of July 16. > 4) SOCOG subsequently indicated that they would not comply with > this Interim Determination. > > 5) After considering various options, I decided to refer the > matter to a Public Hearing at the Human Rights and Equal > Opportunity Commission, which is scheduled for September. At this > hearing, all the substantive issues of the complaint will be > addressed. > > B. Detailed Background to My Complaint > > On May 30, print copies of the Official Olympic Games Ticket Book > were distributed in newspapers across Australia. > > On May 31 I telephoned the Sydney Organising Committee for the > Olympic Games (SOCOG) to request a braille copy of the Official > Olympic Games Ticket Book, and also a braille copy of the > Souvenir Programme, which can be ordered through the Ticket Book. > I was aware that the Olympics Co-ordinating Authority (OCA) has, > for some years, maintained an access committee to advise it on > aspects of physical access to Olympics venues, and I hoped that > SOCOG would have been aware of issues such as the importance of > making public information available in alternative formats such > as braille. As a blind person, I use braille as my primary means > of literacy, and I find it to be the only effective way of > gaining access to complex formats such as tables and charts - > which form a significant component of the Olympics Ticket Book. > There are numerous precedents for having public information > available in braille: braille telephone bills and bank statements > are produced in Australia, and information about major festivals, > as well as cricket and football fixtures, is produced regularly > in braille. Most recently, information relating to the Telstra > share offer is being produced in braille. > > SOCOG had not made any of its information available in braille, > and it soon became apparent that they were not prepared to do so. > They told me in no uncertain terms that I would have to get > someone else to read me the Ticket Book. > > Accordingly, I lodged a complaint under Australia's Commonwealth > Disability Discrimination Act (DDA), alleging discrimination by > SOCOG against me on the grounds of my disability because they > would not provide me with information in braille, and so they > were treating me less favourably than sighted people. The > complaint also alleged that SOCOG were being discriminatory > because their Worldwide Web site does not conform to the > accessibility guidelines developed by the W3C Consortium, which > means that it is inaccessible to me in significant respects. > > Shortly after I lodged the complaint, Blind Citizens Australia, > acting on my behalf, lodged an application with the Human Rights > and Equal Opportunity Commission (HREOC) for an Interim > Determination. We did this because it was our understanding that > the deadline for ordering Olympic Games tickets using the Ticket > Book was July 16, and it was unlikely that HREOC would be able to > deal with the substantive issues of my complaint before then. > > As a direct result of my complaint, SOCOG established a telephone > line for blind and vision-impaired people to use, and they > claimed that the operators were prepared to read the entire > Ticket Book if necessary. They also noted, however, that it would > take 410 minutes to read the book from beginning to end, and I > argued that it was unreasonable to expect me or anyone else to > absorb information about schedules and prices over such an > extended period of time, especially without any possibility of > reviewing it later. Readers of print were not expected to do > this. > > The application for an Interim Determination was successful. In > its reasons for granting the application, the Commission noted > that there was a more than arguable case that discrimination had > occurred and that the telephone line was no substitute for a > braille copy of the Ticket Book. The Interim Determination > required SOCOG to allow me to purchase tickets after July 16 on > the same basis as I would have been able to do before that date, > pending the final hearing of the complaint by the Commission. > > SOCOG refused to comply with the Commission's Interim > Determination. Because of a separation of powers between the > judicial and administrative branches of Australian government, > HREOC decisions are not of themselves legally binding. In order > to enforce the Interim Determination, it would have been > necessary for me to begin proceedings in the Federal Court. Such > action would have incurred substantial costs, and had the Federal > Court ruled against enforcement of the Interim Determination, I > would have been required to pay SOCOG's costs. I am in no > financial position to do this, and so I decided that the risk of > Federal Court action was too great. I decided, instead, to refer > my complaint to a Public Hearing, which will take place at the > Human Rights and Equal Opportunity Commission in September this > year. At this Hearing, all the substantive issues arising from my > complaint will be dealt with. > > The current situation is that SOCOG still have not provided in > braille any information relating to the Olympics Games. A few > days before the July 16 deadline, they provided some information > in electronic form, but this is not my preferred format for > reading, and is not, for me, a substitute for braille. As a > result, I was not in a position to purchase any tickets to the > Olympic Games. I await the Public Hearing in September, but I am > aware that even if I am successful, Federal Court action may > still be necessary should SOCOG choose not to comply. > > C. Borader Issues > > The campaign to gain access in braille to public information > disseminated by SOCOG has been much more demanding of my time and > emotional energy than I envisaged, and is being waged against a > backdrop of remarkable and unnecessary intransigence on the part > of SOCOG who will probably - if they have not done so already - > spend more on legal costs than they would have had they agreed to > provide me with braille in the first place. Nevertheless, I feel > that my complaint raises a number of very important issues for > those of us who have disabilities, and so I believe that it has > been, and will continue to be, worth pursuing vigorously: > > a) Firstly, I believe I should have the right to be able to read > information in the same way that anyone else is able to do. > Braille is the closest I can ever get to print, and it is the way > I read and write. In telling me that I can get someone else to > read the book, SOCOG are, in effect, saying that I do not have > the right to read information as others do. It is similar to > telling a person in a wheelchair that someone else can carry them > into a building because a ramp will not be provided. > > b) There is a need to broaden the traditional public > conceptualisation of access from access to physical space, to > encompass access to information. It is, of course, very important > to have good physical access, but access to information about > cultural and sporting events is no less important. Blindness is, > in many ways, an information disability, and in seeking > independent access to information in braille, I am making a claim > about my fundamental human right to have access to, and to be > fully a part of, the community and all its facilities and > resources. > > c) Recently, the world celebrated the 30th anniversary of the > Apollo 11 moon landing on July 20, 1969. Like most people who > were old enough to remember this event, I have clear memories of > where I was and what I was doing when Neil Armstrong set foot on > the moon. The Olympic Games is an event that will be unique in > the lives of most Australians - certainly it is most unlikely > that Australia will host the Games again in my lifetime. In years > to come, Australians will reflect on the events surrounding the > Olympic Games, and they will use tangible, written information > such as the Ticket Book and the Souvenir Programme to act as > mementoes. I believe that I have as much right to have tangible > mementoes of the Olympic Games as anyone else. > > d) As a father of two sighted children, I am trying to provide a > positive image of disability. I cherish the hope that they will > grow up with the belief - confirmed through their observations of > my life - that people with disabilities can and do partake of the > full quota of rights, responsibilities and benefits of > citizenship. I wanted to be able to demonstrate that I could play > an active role in ordering Olympic Games tickets, just as other > fathers of other children have done. > > e) The possibility of recourse to Federal Court action raises an > important issue about the feasibility of an individual with > meagre financial resources being able to prosecute a complaint > against a large organisation with millions of dollars at its > disposal. Without financial assistance I simply could not > initiate proceedings in the Federal Court, and I would be > bankrupted should I be required to pay the other party's costs. > SOCOG, on the other hand, have large amounts of financial > resources, and it is ironic to note that those who ordered > tickets using the Ticket Book could elect to make a donation to > SOCOG. Those of us who live in Australia need to be active in > lobbying politicians to secure a more equitable way of handling > the issue of costs in the Federal Court insofar as they relate to > the resolution of DDA complaints. > > Finally, I want to thank all those people who have directly or > indirectly shown their support for me. I have received quite a > few messages of encouragement from around the world. I know, too, > that many people have contacted SOCOG to express their > disappointment that SOCOG have chosen to adopt such an > uncompromising position. I remain convinced that community > pressure can make a difference, and so I would welcome any > legitimate initiatives that might persuade SOCOG to rectify their > failure to provide me with braille information, and to make their > Web site fully accessible. The Chief Executive of SOCOG is Sandy > Hollway, and his email address is [log in to unmask] . > The telephone number is 02-9297-2000, Fax: 02-9297-2020. > > Please feel free to contact me, either by email or telephone > (Sydney, 02-9639-5346) if you would like more information, or if > you would like to discuss any of the issues I have raised in this > email. > > Sincerely > Bruce Maguire > [log in to unmask] > Ph: 02-9639-5346 > > To signoff the OZADVOCACY list: > Send the command: signoff OZADVOCACY > mailto:[log in to unmask] %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%